Image Credit: capitol.tn.gov
The Tennessee Conservative [By Paula Gomes] –
A bill that allows the death penalty in cases where a child has been raped passed the Tennessee Senate on Tuesday.
Senators voted 24 to 5 to pass Senate Bill 1834 (SB1834) sponsored by Senator Jack Johnson (R-Franklin-District 27) and presented by Senator Ken Yager (R-Kingston-District 12).
The vote shows that the only Republican Senator who voted against the legislation was Todd Gardenhire (R-Chattanooga-District 10).
Although the General Assembly website has not yet officially recorded the votes in text form as of the publication of the article, it appears that Republican Senators Mark Pody (R-Lebanon-District 17) and Kerry Roberts (R-Springfield-District 23) were ‘present but not voting.’ (This article will be updated when the vote are officially recorded.)
The bill gives the death penalty as “another option” as punishment for “rape of a child, aggravated rape of a child, or especially aggravated rape of child.” Despite discussion regarding the constitutionality of the legislation, Yager stated that he believes the bill “will meet constitutional muster” and that Tennessee could be the 8th state to pass such a law and challenge the Supreme Court in overturning a landmark case.
Before the vote, Senator Kerry Roberts (R-Springfield-District 23) reintroduced an amendment that was previously voted down in the Senate Judiciary Committee. His amendment would allow the death penalty only in those cases where serious bodily injury took place and biological evidence of the crime had been collected. Roberts said that because most cases of this type were decided on circumstantial evidence, and that rape was defined very broadly in the state, that he believed SB1834 would inadvertently reaffirm Kennedy V Louisana.
That 2007 Supreme Court ruling resulted in the abolishing of death penalty statutes for child rape that were on the books in a handful of states. At the time, the court stated that it was a violation of the 8th Amendment to impose a death sentence for a crime that did not result in the death of a child.
Yager stated that Roberts’ amendment gutted the bill, and considered it “unfriendly” as he did when it was introduced in the Judiciary Committee. Senators voted 23 to 8 to table Roberts’ motion.
Opposition to the bill turned once again to fear that the death penalty for child rape could incentivize perpetrators to murder the children they assault. One line of reasoning to reject the bill seemed to suggest that sending perpetrators to death row would be blamed on the victims brave enough to come forward and report the crime instead of on the people who commit such heinous acts, making it harder for children to alert authorities.
However, sponsor of the companion House Bill 1663 (HB1663), Representative William Lamberth (R-Portland-District 44), stated in a meeting of the House Finance, Ways, and Means Subcommittee that he had received hundreds of emails from child sexual abuse survivors thanking him for carrying the legislation.
The bill was placed behind the governor’s budget in the House on February 7th.
Being placed “behind the budget” usually means that either there is a significant fiscal impact associated with passing the bill or that it is not part of the governor’s proposed budget which takes precedence in the appropriations process.
The fiscal note for HB1663 states that there could be increased expenditures upon its passage which cannot be determined “with reasonable certainty.” The state would also have to foot the bill for legal expenses in the event of a court case should the bill become law.
Despite yesterday’s passage in the Senate, it is likely that the bill will be stalled for the rest of this legislative session and may need to be reintroduced next year.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
